BADAL MAZUMDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned Senior counsel assisted by Ms. B. Das, learned counsel for the petitioner, Mr. R. Dhar, learned Govt. Advocate, Assam and Ms. G. Sharma, learned counsel for the Central Government.

(2.) This petition has been filed under Article 226 of the Constitution of India seeking a direction to the Foreigners Regional Registration Officer, Dibrugarh to register the name of the petitioner under Section 6A of the Citizenship Act, 1955.

(3.) On a reference made by the State under the Foreigners Act, 1946, with the allegation that petitioner was a foreigner having illegally entered into India (Assam) between 1.1.1966 to 24.3.1971, F.T. Case No.47/2000 was registered in the Foreigners Tribunal, Dibrugarh. Notice issued by the Foreigners Tribunal, Dibrugarh (Tribunal) was served on the petitioner who thereafter appeared before the Tribunal along with his advocate on 16.08.2001. However, petitioner sought for time to file written statement. But in spite of granting adequate opportunity by the Tribunal, petitioner neither filed written statement nor adduced any evidence. Ultimately, Tribunal decided to proceed ex parte against the petitioner and fixed 11.09.2001 for ex parte order. On that day also, petitioner remained absent without steps. After perusal of the record and on due consideration, Tribunal came to the conclusion that petitioner did not discharge his burden to prove that he was not a foreigner but an Indian citizen. Accordingly, petitioner was declared to be a foreigner. He was granted two months time to register his name before the Foreigners Regional Registration Officer, Dibrugarh.